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In re Brieva-Perez

16 Cited authorities

  1. Leocal v. Ashcroft

    543 U.S. 1 (2004)   Cited 1,175 times   23 Legal Analyses
    Holding that a "DUI causing serious bodily injury" is not a "crime of violence"

  2. U.S. v. Velazquez-Overa

    100 F.3d 418 (5th Cir. 1996)   Cited 88 times
    Holding that a violation of the Texas statutory rape statute was categorically a crime of violence under 18 U.S.C. § 16(b)

  3. U.S. v. Charles

    301 F.3d 309 (5th Cir. 2002)   Cited 60 times   1 Legal Analyses
    Holding that, in applying U.S.S.G. § 4B1.2, the court will consider the elements of the charges against a defendant, even if they differ from the elements of the statute of conviction, because the commentary to U.S.S.G. § 4B1.2 “states that [o]ther offenses are included as crimes of violence if ... the conduct set forth (i.e., expressly charged) in the count of which the defendant was convicted ... by its nature, presented a serious potential risk of physical injury to another” (citing United States v. Fitzhugh , 954 F.2d 253 (5th Cir. 1992) )

  4. U.S. v. Hernandez-Avalos

    251 F.3d 505 (5th Cir. 2001)   Cited 40 times
    Rejecting uniformity arguments by noting that the Hypothetical Federal Felony approach creates a dichotomy between the application of section 924(c) in immigration proceedings and sentencing proceedings

  5. U.S. v. Galvan-Rodriguez

    169 F.3d 217 (5th Cir. 1999)   Cited 39 times
    Holding that the unauthorized use of a vehicle was a "crime of violence"

  6. U.S. v. Rodriguez-Guzman

    56 F.3d 18 (5th Cir. 1995)   Cited 38 times   3 Legal Analyses
    Concerning § 16

  7. U.S. v. Guadardo

    40 F.3d 102 (5th Cir. 1994)   Cited 20 times
    Holding burglary met the "crime of violence" definition in the similar residual clause of 18 U.S.C. § 16(b)

  8. U.S. v. Lee

    310 F.3d 787 (5th Cir. 2002)   Cited 9 times
    Suggesting that Texas law requires an examination of all facts to determine whether unauthorized use of a motor vehicle is a lesser included offense of theft under the particular circumstances of each case

  9. U.S. v. Ramos-Garcia

    95 F.3d 369 (5th Cir. 1996)   Cited 13 times

    No. 96-10235. Summary Calendar. September 5, 1996. Christy Lee Drake, Assistant U.S. Attorney, Office of the United States Attorney, Amarillo, TX, for U.S. Sam L. Ogan, Office of the Federal public Defender, Amarillo, TX, for defendant-appellant. Appeal from the United States District Court for the Northern District of Texas. Before JONES, DeMOSS and PARKER, Circuit Judges. PER CURIAM: Appellant Jose Gerardo Ramos-Garcia ("Ramos-Garcia") challenges the sentence imposed for his conviction for illegal

  10. Ramirez v. Ashcroft

    361 F. Supp. 2d 650 (S.D. Tex. 2005)   Cited 3 times

    Civil Action No. H-04-2078. February 24, 2005. Richard Lloyd Prinz, Attorney at Law, Houston, TX, for Rogelio Ramirez, Petitioner. Dara Beth Less, Department of Justice, Houston, TX, for John Ashcroft United States Attorney General, District Director Citizenship and Immigration Services Department of Homeland Security, Respondents. MEMORANDUM AND OPINION ROSENTHAL, District Judge. Petitioner, Rogelio Ramirez, is a citizen of Mexico who has lived in this country for most of his life. In 1992, he pleaded

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,778 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,950 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,054 times   42 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 16 - Crime of violence defined

    18 U.S.C. § 16   Cited 3,510 times   62 Legal Analyses
    Defining a crime of violence as ‘ an offense that has as an element the use . . . of physical force against the person or property of another’

  15. Section 31.07 - Unauthorized Use of A Vehicle

    Tex. Pen. Code § 31.07   Cited 441 times
    Prohibiting the intentional or knowing operation, without the effective consent of the owner,, of another's motor-propelled vehicle

  16. Section 1212.3 - Application for the exercise of discretion under former section 212(c)

    8 C.F.R. § 1212.3   Cited 134 times   2 Legal Analyses
    Providing that LPRs who pled guilty to certain crimes before April 1, 1997 can apply for relief under former section 212(c) during the pendency of their removal proceedings